Compilation of Rules and Regulations of the State of Georgia
Department 672 - STATE DEPARTMENT OF TRANSPORTATION
Chapter 672-1 - RULES OF GENERAL APPLICABILITY
Rule 672-1-.05 - Contested Cases Under the Administrative Procedure Act
Current through Rules and Regulations filed through December 27, 2023
The hearing and appeal procedures provided for in the Georgia Administrative Procedure Act shall be followed in cases which are directed by statute to be conducted pursuant to the Administrative Procedure Act and in cases where no procedure is specified by law. Contested cases, including appeals to the Commissioner demanding return of monies collected under the provisions of Code Section 32-6-27, O.C.G.A., heard pursuant to the Georgia Administrative Procedure Act shall be conducted in accordance with the procedures provided therein and the following procedures:
(a) Initiating a contested case. Any person who is legally entitled to contest a ruling or order of the Department may do so by filing with the Department a request for hearing which shall contain the following:
(b) Limitation on right to a hearing.
(c) Responses to requests for hearing. The Department will respond to all requests for hearings with a notice scheduling a hearing or with an order denying the request for hearing and stating the reasons for a denial.
(d) Motions. Any application to the Department to enter any order or take any action after the filing of a request for hearing shall be by motion which, unless made during a hearing, shall be made in writing, shall state specifically the grounds therefor, and shall set forth the action or order sought. No motion shall be ruled upon except when the case in chief is ruled upon unless the moving party specifically requests a ruling at some other time and the agency deems such ruling appropriate.
(e) Hearings. Hearings in all contested cases shall be conducted before a hearing officer appointed by the Department. Upon conclusion of a hearing, the hearing officer shall prepare an initial decision, a copy of which shall be mailed to the party requesting the hearing. Such a decision on bidder prequalification will be mailed no later than ten (10) days after the hearing.
(f) Practice on agency review. The practice and proceedings for securing agency review of an initial decision of a hearing officer shall be as follows:
(g) Conduct of agency review.
(h) Rehearings. Motion to reconsider an agency decision or ruling must be received at Department of Transportation Headquarters within ten (10) days after the decision or ruling is rendered.
Sec. 32-6-27(c), O.C.G.A.; Sec. 32-2-2(b), O.C.G.A. (Ga. L. 1973, pp. 947, 982); Sec. 50-13-4, O.C.G.A.
Original Rule entitled "Contested Cases Under the Administrative Procedure Act" was filed on August 9, 1973; effective August 29, 1973.
Amended: Filed July 15, 1974; effective August 4, 1974.
Amended: Filed August 10, 1977; effective August 30, 1977.
Amended: Filed September 30, 1979; effective October 10, 1979.
Amended: Emergency Rule 672-1-0.18 was filed on January 25, 1983; effective January 20, 1983, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding the Emergency Rule, as specified by the Agency (Said Emergency Rule repealed subparagraph 672-1-.05(g)1. and adopted a new subparagraph 672-1-0.18-.05(g) 1.
Amended: Emergency Rule 672-1-0.18 repealed and permanent subparagraph (g)1. adopted. Filed March 28, 1983; effective April 17, 1983.
Amended: Filed July 24, 1987; effective August 13, 1987.